OAR 340-214-0320: Excess Emissions and Emergency Provision: Scheduled Maintenance

(1) If the owner or operator anticipates that scheduled maintenance of air contaminant sources or air pollution control devices may result in excess emissions, the owner or operator must obtain prior DEQ authorization of procedures that will be used. The owner or operator must submit a written application for approval of new procedures or modifications to existing procedures. The application must be submitted in time for DEQ to receive it at least 72 hours before the first occurrence of a maintenance event to which the procedures apply. The application must: (a) Explain the need for maintenance, including but not limited to: (A) Why the maintenance activity is necessary; (B) Why it would be impractical to shut down the source operation during the maintenance activity; (C) If applicable, why air pollution control devices must be by-passed or operated at reduced efficiency during the maintenance activity; and (D) Why the excess emissions could not be avoided through better scheduling for maintenance or through better operation and maintenance practices. (b) Identify the specific production or emission control device or system to be maintained; (c) Identify the nature of the air contaminants likely to be emitted during the maintenance period and the estimated amount and duration of the excess emissions, including measures such as the use of overtime labor and contract services and equipment, that will be taken to minimize the length of the maintenance period; (d) Identify specific procedures to be followed that will minimize excess emissions at all times during the scheduled maintenance. (2) DEQ will approve the procedures if it determines that they are consistent with good pollution control practices, will minimize emissions during such period to the extent practicable, and that no adverse health impact on the public will occur. The owner or operator must record all excess emissions in the excess emissions log, as required in OAR 340-214-0340(3). Approval of the above procedures does not shield the owner or operator from an enforcement action, but DEQ will consider whether the procedures were followed in determining whether an enforcement action is appropriate. (3) Once DEQ approves the maintenance procedures the owner or operator does not have to notify DEQ of a scheduled maintenance event unless it results in excess emissions. (4) When required by section (3), notification must be made in accordance with OAR 340-214-0330(1)(a). (5) DEQ may revoke or require modifications to previously approved procedures at any time by written notification to the owner or operator. (6) No scheduled maintenance associated with the approved procedures in section (2), that is likely to result in excess emissions, may occur during any period in which an Air Pollution Alert, Air Pollution Warning, or Air Pollution Emergency has been declared, or during an announced yellow or red woodstove curtailment period in areas designated by DEQ as PM2.5 or PM10 nonattainment areas. (7) The owner or operator is subject to the requirements under All Other Excess Emissions in OAR 340-214-0330 if the owner or operator fails to obtain DEQ approval of maintenance procedures in accordance with section (1). NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.